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!D <br />ORANGE COUNTY <br />BOARD OF COUNTY COMMISSIONERS <br />PUBLIC HEARING AGENDA ITEM ABSTRACT <br />Meeting Date: August 27, 2001 <br />Action Agenda <br />Item No, ~1 (a&b <br />SUBJECT: Orange County Stormwater Program for Lands Within the Neuse River Basin <br />DEPARTMENT: Planning and Inspections PUBLIC HEARING: (Y/N) <br />ATTACHMENT(S): <br />Sections 3 through 21 of the Stormwater Ordinance <br />INFORMATION CONTACT: <br />Craig Benedict ext 2592 <br />Ren Ivins ext 2586 <br />TELEPHONE NUMBERS: <br />Hillsborough 732-8181 <br />Chapel Hill 968-4501 <br />Durham 688-7331 <br />Mebane (336)227-2031 <br />PURPOSE: <br />To comply with state requirements in order to request delegated authority to implement and enforce <br />the Neuse River Riparian Buffer Rule (NCAC 15A 2B .0233). This rule is incorporated into our <br />Stormwater Ordinance in Sections 3 and 4. <br />The Orange County Stormwater Ordinance which incorporates this rule was adopted in December <br />2000, and the following amendments were required by the State so that our program will parallel <br />the State program as closely as possible, with special emphasis on civil and criminal penalties. <br />Orange County is the first in the state to proceed with a request for delegated authority, and <br />NCDENR- Division of Water Quality staff hope to use the County's Ordinance as a `boilerplate' <br />Ordinance for other local governments within the Neuse River Basin. <br />BACKGROUND: <br />In order to comply with NCAC 15A 2B .0233 Item 12: `Requirements Specific to Local Governments <br />with Stormwater Programs for Nitrogen Control,' Orange County has two options for protecting <br />riparian buffers within the .Neuse Basin: <br />(1) Obtain authority (delegated authority) to implement a local riparian buffer protection program <br />pursuant to 15A NCAC 2B .0241. <br />(2) Refrain from issuing local approvals for new development projects unless either: <br />(a) The person requesting the approval does not propose to impact the riparian buffer of a <br />surface water that appears on either a Orange County Soil Survey map or the most <br />recent USGS topographic quadrangle. <br />(b) The person requesting the approval proposes to impact the riparian buffer of a surface <br />water that appears on the above mentioned maps has permission from the Division of <br />Water Quality to proceed. <br />